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TOWN OF HIGH RIVER
IN THE PROVINCE OF ALBERTA
BYLAW 4628/2024- OUTDOOR WATER USE AND RESTRICTION BYLAW
A BYLAW OF THE TOWN OF HIGH RIVER TO REPEAL BYLAW 4212/2008 AND ANY AMENDMENTS THERETO, AND
REPLACE WITH THIS BYLAW 4628/2024 BEING A BYLAW TO ESTABLISH WATER USE RESTRICTIONS
WHEREAS, pursuant to section 7 of the Municipal Government Act, 2000, being Chapter M-26, as amended from
time to time, a municipal council may pass bylaws for municipal purposes respecting the safety, health and
welfare of people and the protection of the people and property, nuisances, services provided by or on behalf
of the municipality;
AND WHEREAS, pursuant to subsection 3(a.1) of the Municipal Government Act, one of the purposes of a
municipality is to foster the well-being of the environment;
AND WHEREAS, the Municipal Government Act also provides that a municipal council may pass bylaws to
establish a system for Water management;
AND WHEREAS Council deems it necessary that Water be conserved and utilized in an efficient manner in
accordance with the provisions of this bylaw.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE TOWN OF HIGH RIVER, IN THE PROVINCE OF ALBERTA,
DULY ASSEMBLED, HEREBY ENACTS AS FOLLOWS:
1. Purpose
The purpose of this Bylaw is to assist in the protection, preservation, and maintenance of the water supply to
users at all times by implementing water-use restrictions during times of limited supply. These restrictions are
staged in accordance with the severity of supply limitations and are generally applied to the use of sprinkler
systems, whether automatic or manual. The use of hand-held watering devices with shut-off valves and the use
of micro-irrigation or drip-irrigation systems is restricted only during the most severe of supply conditions.
2. Title
This Bylaw may be referred to as "Outdoor Water Use and Restriction Bylaw."
3. Definitions
Words used in this Bylaw have the same meaning as defined in the Municipal Government Act, with the following
changes or additions:
"Agricultural" means the practice of cultivating land, growing crops, feeding, breeding or raising livestock.
"Appliance" means a device or mechanism, other than that owned and operated by the Municipality, in
or through which water is piped or used for a domestic or commercial purpose.
"Boulevard" may include flowers, lawn, plants, shrubs, or trees and means:
i.
The portion of land between the curb and the Sidewalk and between the Sidewalk and the
Premises' property line, or
ii.
Where there is no curb, the portion of land between the near edge of the Roadway and
the Premises' property, but does not include the Median, which is located between two
lanes of the Roadway.
"Bulk Water Station" means a facility for supplying potable water by means other than pipeline and
generally to the water storage tanks of trailers or other potable water containers.
"Car Wash" means a commercial or industrial building or structure containing facilities for washing motor
vehicles, including tunnel car washes, coin operated automatic car washes and coin operated self-service
car washes.
"Chief Administrative Officer (CAO)" means a Person appointed by Council to the position of Chief
Administrative Officer pursuant to section 205 of the Municipal Government Act and The Town Manager
Bylaw (4509/2017), or their delegate.
"Commercial Water Use" A service supplied to a premise principally used to conduct a profession,
business, trade, industry, occupation, or employment, also included institution and apartment buildings.
"Council" means the governing body of the Town of High River.
"Farm" means a parcel of land classified as farmland for assessment and taxation purposes.
"Hand Watering" means the use of a hand-held spring-loaded water device. The device can be attached
to the end of a garden hose but must be attended and held in the hand of a Person at all times that
watering is taking place. Other hand-held devices could be a watering can, or bucket. Hand Watering shall
not mean watering with a hose and sprinkler.
"Hydrant" means a fixture adjacent to a street or other public place with a nozzle by which a hose may
be attached to a water main.
"Irrigation" means the application of Potable Water to plants, trees, shrubs, gardens, patio pots, lawns,
sod or otherwise used to supplement the horticultural process, and includes application by hand or by a
system of pipes on, above or underneath the ground.
"Level" means the level 1, 2 and 3 of Outdoor Water Use Schedule prescribed by Section 6.7 and outlined
in Schedule "A" ofthis Bylaw.
"Median" means the value or quantity at the midpoint of observed levels.
"Micro-Irrigation or Drip-Irrigation System" means a system using irrigation components that consume
less than 20 gallons per hour and operate at less than 25 psi to deliver water to the root zone of the plant
material being irrigated.
"Municipality" means the Town of High River.
"Notice" means a public notice given under Section 6.6 of this Bylaw.
"Nursery" means a business in which flowers, plants, trees, or shrubs are grown or displayed for sale.
"Occupant" means a Person or corporation in actual possession of any Premises either as an owner or
tenant. For billing purposes further defined as a Person contracting with the Town for the domestic supply
of water to any Premises.
"Offence" means a Person who violates or contravenes any provision of this Bylaw is guilty of an offence.
"Outdoor Water Use Schedule" means the allowable outdoor water uses according to Schedule "A" as
attached to this Bylaw.
"Outdoor Water Use Restriction" means when the Level of permitted water use is restricted according to
the Outdoor Water Use Schedule detailed in Schedule "A" as attached to the Bylaw.
"Owner" means an owner as defined in the Municipal Government Act.
"Parcel of Land" means a parcel of land as defined in the Municipal Government Act.
"Peace Officer" means a Person engaged by the Town as a Community Peace Officer, a Bylaw
Enforcement Officer, a designated Officer, or a member of the Royal Canadian Mounted Police to conduct
the provisions of this bylaw.
"Permit" means a water use exception permit issued under Section 6.2 of this Bylaw.
"Person" means any individual, partnership, corporation, company, society, or government entity.
11Potable Water'' means water supplied from the Waterworks System that does not contain contaminates
or infective matter and is considered satisfactory for human consumption, which is supplied through a
Service Connection, Hydrant, or the Bulk Water Station.
11Premises" means land and structures, or property situated in whole or in part within High River
11Public Sector Entity' means federal and provincial government agencies, municipalities, school districts,
universities, colleges, and other schools.
11Remedial Order'' means an order to remedy and/or comply with a bylaw as issued by a Peace Officer.
11Residential Water Use" means service supplied to a Premises that is used primarily for domestic
purposes including but not limited to, single family dwellings, multi-family dwellings (excluding apartment
buildings), mobile home parks and condominium developments.
11Restricted Hours" means between 6:00 a.m. and 9:00 a.m. and between 7:00 p.m. and 10:00 p.m.
11Right of Access" means the right to enter or encroach on, under, across or over a property.
11Roadway' means the part of a road intended for vehicles.
11Service Connection" means the point of connections between the customer's piping or constructed
conveyance and the Waterworks System's metre, service pipe or constructed conveyance.
11Sidewalk" means a portion of a road right of way, improved for the use of pedestrians, and is located
between the curb lines or lateral lines of a roadway and the adjacent property lines. A sidewalk is
improved with a permanent hard surface (such as concrete, asphalt, or pavers) that is intended for the
primary use of pedestrians, including the main sidewalk surface, accessibility curb ramps, bus stop
landings, and portions of a sidewalk that cross a lane entrance.
11Specified Penalty" means the penalties as detailed in Schedule "C".
11Sprinkler'' means a sprinkler system, or a hose connected to a sprinkler, but excludes a hand-operated
hose equipped with a shut-off nozzle or a micro-irrigation or drip-irrigation system.
'7own" means the corporation of the Town of High River, or the area contained within the boundaries
thereof, as the context requires.
'Violation Ticket" has the same meaning as in the Provincial Offences Procedure Act.
11Water'' means water supplied by the Town directly or indirectly to an owner or occupier.
11Watering Day(s)" means those days during which watering is permitted by Section 6.7 and outlined
Schedule "A" of this Bylaw.
11Waterworks System" means the system of buildings and pipes that store, treat, transport and supply
Potable Water from the various Potable Water sources to consumers.
4.
Interpretation
a) Headings and sub-headings in this Bylaw are included for convenience only and shall not be
considered in interpreting the substantive content of this Bylaw.
b) The preamble paragraphs that precede the numbered paragraphs of this Bylaw are an integral and
necessary part of this Bylaw and not a mere recital.
c) All schedules as attached to this Bylaw form part of this Bylaw.
d) Every provision of this Bylaw is independent of all provisions, and it is the intention of the Council
that if any provision of this Bylaw is declared invalid by a Court of competent jurisdiction, all other
provisions of this Bylaw shall remain valid and enforceable.
e) Nothing in this Bylaw relieves a Person from complying with any Federal or Provincial law or
regulation, any other Town Bylaw, or any requirement of any lawful permit, order, or license.
f) References in this Bylaw #4628/2024 to an act, statute, regulation, or other Bylaw refer to the
current laws and legislation, as amended or replaced from time to time, including successor
legislation.
g) This Bylaw is gender-neutral and, accordingly, any reference to one gender includes the other.
h) The word "shall" is mandatory and not merely a directory.
6. Outdoor Water Use
6.1
To promote the conservative management of resources, the CAO requires that an Outdoor Water Use
Schedule as described in Schedule "A" ofthis Bylaw is in force at all times, for all consumers, including
residential, industrial, commercial, and institutional, unless declared otherwise.
6.2
Notwithstanding Section 6.1 of this Bylaw a Consumer can apply for a Permit when installing new sod
or grass seed in order to use water outside of the Outdoor Water Use Schedule in order to establish
new landscaping as outlined in Schedule "B". Permits will not be issued during the months of July and
August.
6.3
In the event there may be a shortage of Potable Water supply, the CAO may declare a Water Use
Restriction to regulate the distribution and use of Potable Water from the Waterworks System to all
consumers or to any of them including the time or times of day when the use of Potable Water may
be allowed or prohibited in accordance with Schedule "A" of this Bylaw.
6.4
The declaration of an Outdoor Water Use Restriction by the CAO may apply to:
(a) the entire Town;
(b) specific zone(s) or geographic area(s) of the Town; or
(c) other specific locations as defined by the CAO.
6.5
In the event there is reason to declare an Outdoor Water Use Restriction, the CAO may declare such
restriction to be effective immediately.
6.6
In the event of a declaration of an Outdoor Water Use Restriction made pursuant to Section 6.3 of this
Bylaw, the CAO:
a) shall determine that the Outdoor Water Use Restriction is a Level 2 or Level 3 Restriction, and the
permitted activities shall be those referenced in Schedule "A" of this Bylaw;
b) shall cause public Notice indicating the level of Outdoor Water Use Restriction and the date such
restriction came into effect or will come into effect and Notice shall be given in any one or more of
the following manners:
(i)
Town of High River press release.
(ii)
Notice on the Town of High River website.
(iii) advertising in the newspapers in circulation in the Town.
(iv) circulation of flyers; or
(v)
signage.
c) may declare different levels of Outdoor Water Use Restriction in different areas of the Town;
d) shall, if changing or lifting a declaration of an Outdoor Water Use Restriction, cause a Notice to be
given in the manner described in Section 6.6(b) of this Bylaw; and
e) shall, after determining that the reason or reasons to require restricted Potable Water usage has
sufficiently abated, declare an end to an Outdoor Water Use Restriction and shall cause Notice of
such declaration to be given in the manner described in Section 6.6(b) of this Bylaw.
6.7
When an Outdoor Water Use Restriction is in effect, no Owner or Occupant of a Premises shall allow
the use of Potable Water supplied through the Waterworks System for any activity or application
prohibited in the following stage of restrictions as listed in the Outdoor Water Use Schedule "A", of
this Bylaw:
(a) Normal Water Use:
I.
Odd numbered street addresses may irrigate on Sunday and Thursday only. Even
numbered street addresses may irrigate on Wednesday and Saturday only.
II.
Automatic Irrigation systems to be programmed to run between the hours of 2AM and
6AM only on the Watering Days. Manual Irrigation may occur between 6AM and 9AM
and 7PM and 10PM hours only on the Watering Days.
Ill.
Town Parks may irrigate 2 days per week, except for hanging baskets, which may be
watered as required.
IV.
Golf Courses may irrigate 2 days per week, including systems that use reclaimed and
raw water.
V.
Agricultural users of the water supply may irrigate 5 days per week as required.
(b) Level 1 Restrictions:
i.
Odd numbered street addresses may irrigate on Thursday only. Even numbered street
addresses may irrigate on Wednesday only.
ii.
Automatic Irrigation systems to be programmed to run between the hours of 2AM and
6AM only on the Watering Day. Manual Irrigation may occur between 6AM and 9AM
and 7PM and 10PM hours only on the Watering Day. Total water usage must be 20%
less than used during the normal water use period.
iii.
Town Parks shall reduce water consumption by 20%.
iv.
Golf courses shall reduce their total Irrigation water use by 20%.
v.
Agricultural customers shall reduce their consumption by 20%.
Triggers: Restrictions to be imposed at the discretion of the CAO in consideration of but not
limited to:
i.
Projected daily demand expected to reach 80% of the Waterworks System capacity.
ii.
Well static levels at 15% to 30% below the Median for the time of year without any
indication of recovery.
iii.
Failure or malfunction of a short-term nature of the Waterworks System.
(c) Level 2 Restrictions:
i.
Hand Watering only is permitted.
ii.
Total water usage must be 50% less than used during the normal water use period.
iii.
Town Parks shall cease all Irrigation activities.
iv.
Golf courses shall reduce their total Irrigation water use by 50%.
v.
Agricultural customers shall reduce their consumption by 50%.
Triggers: Restrictions to be imposed at the discretion of the CAO in consideration of but not
limited to:
i.
Projected daily demand expected to reach 90% of the Waterworks System capacity.
ii.
Well Static levels at 30% to 40% below the Median for the time of year without any
indication of recovery.
iii.
Failure or malfunction of a short-term nature of the Waterworks System.
(d) Level 3 Restrictions
I.
Use of Town supplied water for all forms of lawn and garden watering is prohibited.
II.
Town Parks shall cease all outdoor watering.
Ill.
Golf courses shall reduce their total Irrigation water use by 90%.
IV.
Agricultural customers shall reduce their consumption by 90%.
Triggers: Restrictions to be imposed at the discretion of the CAO in consideration of but not
limited to:
I.
Projected daily demand expected to reach 100% of Waterworks System capacity.
II.
Well static levels at less than 40% below the Median for the time of year without any
indication of recovery.
Ill.
Failure or malfunction of a short-term nature ofthe Waterworks System.
6.8
Without limiting the generality of Section 6.6 of this Bylaw, the activities permitted in Schedule "A" of
this Bylaw shall not apply to core business operations of an affected business and shall only apply to
landscaping activities which are not a core function of a specific business or enterprise.
6.9
The following activities are restricted as outlined in Schedule "A" to support the conservative use of
Potable Water:
a) Washing Sidewalks, driveways, or other outdoor surfaces with Potable Water, except where
required by Health and Safety Regulations; and
b) Washing vehicles outdoors in yards, on driveways or on roads.
6.10 The CAO must provide written approval for the following activities:
a) Pesticide or fertilizer application requiring the use of a large volume (over 5000 L) of Potable
Water; and
b) Testing of Irrigation systems.
6.11 The following activities are exempt from the Outdoor Water Use Schedule and Outdoor Water Use
Restrictions:
a) Emergency services and essential Hydrant and Water Main flushing;
b) Essential street cleaning and bridge washing; and
c) Livestock watering for Agricultural operations.
7. Authority of a Peace Officer
Where a Peace Officer believes that a Person has contravened any provision of this Bylaw, that Peace Officer
may commence proceedings by issuing a Violation Ticket in accordance with the Provincial Offences Procedure
Act.
8.
Inspections
If a Peace Officer has reason to believe that any Premises is suspect of being in contravention of any part ofthis
Bylaw they may exercise a Right of Access in order to inspect the Premises.
9.
Remedial Order or Order to Remedy
If a Premises is found to not be in compliance with the terms of this Bylaw, a Remedial Order may be served
upon an Owner or an Occupant.
10. Obstruction and Interference
No Person shall provide false information to, obstruct, or attempt to obstruct a Peace Officer.
11.
Offences
11.1 A Person who violates or contravenes any provision of this Bylaw is guilty of an offence.
11.2 No Person shall hinder or interrupt or cause or procure to be hindered or interrupted, the Town, its
Peace Officers, or any of its employees, officers, contractors, servants, agents, workmen, or any of
them, in the exercise of any of the powers and duties authorized by or contained in this Bylaw.
12.
Penalties
12.1 A Person who contravenes this Bylaw is guilty of an offence.
12.2 The Specified Penalty for an offence is set out and established in Schedule "C".
12.3 Every Person who contravenes any provision of this Bylaw is considered in violation and guilty of an
offence and shall be liable on summary conviction to a fine not exceeding ten thousand dollars
($10,000) or, in default of payment, to imprisonment for not more than one (1) year, or both.
12.4 In the case of an offence that is of a continuing nature, a contravention constitutes a separate offence
in respect of each day, or part of a day, on which it continues, and a Person guilty of such an offence is
liable to a fine in an amount not less than that established by this Bylaw for each such day. Each day
during which a contravention continues is deemed to be a separate offence.
13. Violation Tickets and Penalties
13.1 Where a Peace Officer believes that a Person has contravened any provision of this Bylaw, that Peace
Officer may commence proceedings by issuing a Violation Ticket in accordance with the Provincial
Offences Procedure Act.
13.2 In respect of any contravention of a provision of this Bylaw, penalties shall be in accordance with
Schedule "C".
(a) where a Person contravenes the same provision of this Bylaw twice within one twelve (12)
month period, the specified penalty payable in respect of the second contravention shall be
double the amount of the specified penalty for a first offence; and
(b) where a Person contravenes the same provision of this Bylaw three (3) or more times within
one twelve {12) month period, the specified penalty payable in respect of the third and
subsequent contraventions shall be triple the amount ofthe specified penalty for a first offence.
13.3 This Section shall not prevent any Peace Officer from issuing a Violation Ticket requiring a court
appearance of the defendant pursuant to the provisions of the Provincial Offences Procedure Act or
from laying an information instead of issuing a Violation Ticket.
14. Miscellaneous
14.1 Each provision of this Bylaw is independent of all other provisions. If any provision of this Bylaw is
declared invalid for any reason by a Court of competent jurisdiction, all other provisions of this Bylaw
shall remain valid and enforceable,
14.2 Nothing in this Bylaw relieves a Person from complying with any federal law, provincial law or other
regulation or Town bylaw or any requirements of any lawful permit, order, consent, or other direction.
14.3 A copy of a record of the Town, certified as a true copy of the original, shall be admitted in evidence
as prima facie proof of the facts states in the record without proof of the appointment or signature of
the Person signing it.
14.4 In this Bylaw, words in the singular mean and include the plural and vice versa. Words in the masculine
include the feminine and vice versa. No regard for gender is intended by the language in this
Agreement.
15. Fees and deposits
Fees and deposits referred to in this bylaw are set by Council.
16. Effective Date of Bylaw
This Bylaw comes into effect when it is passed by Council.
17. Repeal of Bylaws
Bylaw No. 4212/2008 and amendments thereto are repealed upon this Bylaw coming into force.
READ A FIRST TIME THIS 8-"""-
2024
R/DEPUTY MAYOR
CHIEF ADMINISTRATIVE OFFICER
READASECONDTIMETHIS ~
DAY OF ~t"'\ t
2024
---------
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R/DEPIJTYMAVOR
CHIEF ADMINISTRATIVE OFFICER
READ A rn1RD TIME TH1s ~
DAY oF ...
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_
2024
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PUTIMAYOR
CHIEF ADMINISTRATIVE OFFICER
SIGNED AND PASSED THIS
oAvoF t\-pnL
2024
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PUTIMAYOR
CHIEF ADMINISTRATIVE OFFICER
Outdoor Water Activity
Watering with a sprinkler
-
Lawn
-
Garden
-
Trees or Shrubs
Automatic Irrigation Systems
Watering with a spring-loaded nozzle with
automatic shut-off, connected to a hose for
ardens, trees and shrubs
Watering with a hand-held container for
ardens, trees and shrubs
Watering of new grass
-
Sod within 21 days
-
Seed within 49 days
Washing down outdoor surfaces including
building surfaces, sidewalks, driveways,
walkways and washinq vehicles
Using water for filling outdoor decorative
features, fountains or ponds
Using water for filling swimming pools, wading
ools and hot tubs
Using water for construction purposes
includinq qradinq, compaction and dust control
SCHEDULE "A"
OUTDOOR WATER USE SCHEDULE
~ - -----------~----- -----
Normal Water Use
Twice a Week Watering
ODD numbered houses on Sundays and
Thursdays
EVEN numbered houses on Saturdays and
Wednesdays
Between the hours of:
-
6AM to 9AM or
-
7PM to 10PM
ODD numbered houses on Sundays and
Thursdays
EVEN numbered houses on Saturdays and
Wednesdays
Between the hours of 2AM to 6AM
Allowed
Allowed
Permit required
Allowed - not recommended
Allowed
Allowed
Allowed
Leve I 1
Water Use Restriction
Once a Week Waterin
ODD numbered houses on
Thursdays
EVEN numbered houses on
Wednesdays
Between the hours of:
-
6AM to 9AM or
-
7PM to 10PM
ODD numbered houses on
Thursdays
EVEN numbered houses on
Wednesdays
Between the hours of 2AM to 6AM
Allowed
Allowed
Permit required
Not allowed
Allowed
Allowed
Allowed
Level2
Water Use Restriction
Hand Watering Onl
Not allowed
Not Allowed
Allowed
Allowed
Permit required
Not allowed
Not allowed
Not allowed
Not allowed
SCHEDULE "B"
PERMITS
New Lawns and Irrigation System Testing
1. A Person who has installed a new lawn, either newly seeded or new sod, may apply to the Town for a
Permit, in the form set out in this Bylaw, which will allow the new lawn to be sprinkled outside of Watering
Days, but within restricted hours.
2.
A Person who has installed a new Irrigation system or completed repairs on an existing Irrigation system
may apply to the Town for a Permit, in the form set out in this Bylaw, which will allow the testing of the
system outside Watering Days and hours.
3.
A Permit issued under Section 6.2 of this Bylaw shall be conspicuously displayed at the Premises for which
it was issued.
4.
New sod may be sprinkled for 21 days after installation, and newly seeded lawn may be sprinkled until
growth is established or for 49 days after installation, whichever is less, provided a Permit pursuant to
Section 6.2 has been issued for the premises at which the new lawn has been installed.
5.
After expiration of a Permit issued under Section 6.2, a Person may apply for and may obtain subsequent
Permits under Section 6.2.
6.
Permits will not be issued or be valid during Level 3 restrictions.
7.
All Permits may be inspected to ensure compliance with this Bylaw.
8.
Permits for new lawns will not be issued during the months of July and August.
lilt
- ',.
High f ,I River
WATER USE PERMIT
{Nevv lawn and Irrigation System Testing)
Address of installation: ------------------------
Date of installation: -------------------------
Date of application: -------------------------
Application expiry date: ___ ____________________ _
(Permit valid as per Bylaw)
Type of permit:
NewlawnO
Irrigation System Test D
Site inspected:
YES
NOD
Date inspected: ________ Inspected by: _____ _
Approved:
YES
Reason if not approved: ________________________ _
Approved by: ----------------------------
PLEASE NOTE: New lawns may typically only be watered twice per day using 2 ½
centimeters (1 inch) of water each watering until the lawn starts to take. In order to
determine when you have reached the maximum amount of water, place an empty
pre -marked tuna or cat food can on the lawn while watering. Check the level of
water in the tin while watering, to determine when the pre-mark line has been
reached.
PERMIT MUST BE PLACED WHERE VISIBLE
Should water conservation levels rise to Level three (3), this permit is no longer valid.
SCHEDULE "C"
Penalties
1. Failure to comply with Outdoor Watering Restrictions as outlined in section 6. 7 of the Bylaw:
Outdoor Water Use
Specified Penalty
Normal watering
$100
Level 1 Water Restriction
$200
Level 2 Water Restriction
$400
Level 3 Water Restriction
$800
2. Failure to apply for a water use permit:
Offence
Specified Penalty
First Offence
$50
Second Offence
$100
Third Offence
$200
3. Washing of vehicles, sidewalks or outdoor surfaces as per section 6.9
Offence
Specified Penalty
First Offence
$50
Second Offence
$100
Third Offence
$200